At least, for now.
The Nebraska Supreme Court has dismissed a lawsuit filed by the ACLU of Nebraska which claimed their death sentences were effectively overturned when the Unicameral repealed capital punishment in 2015. Voters overturned the legislature’s action the next year, reinstating the death penalty. The lawsuit argued the 11 men sentenced to death should have had their sentences commuted to life in prison after the legislature’s action.
The Supreme Court agreed with a lower court ruling that the inmates have other legal avenues to contest the validity of their death sentences. The court dismissed the lawsuit. The court did not directly address the arguments raised by it.
ACLU Nebraska indicates it will pursue its claim in the individual cases of death row inmates.